CIVIL PROCEDURE: Res judicata - Estoppel - Estoppel by election - Similar proceedings - Different parties - Plaintiff decided to take action against one party previously on recovery of debt and against different party in present suit concerning same debt - Common interest between parties in subject matter of litigation - Whether doctrine of res judicata extends to parties' privies - Whether defendants have privy of interests

COMPANY LAW: Separate legal entity - Lifting the veil of incorporation - Special circumstances - Action against a company over debt due and owing by different company - Plaintiff alleged defendant company acted fraudulently to deprive plaintiff of payment from a different company - Whether special circumstances exist justifying lifting of veil of incorporation of defendants in order to make them responsible to pay for debts due and owing by a different company to plaintiff - Whether fraud proven to justify lifting of corporate veil - Whether there was sufficient justification to pierce corporate veil

CONTRACT: Employment contract - Fixed term contract - Legitimate expectation - Whether there could arise any legitimate expectation to be employed beyond that fixed term contract

LABOUR LAW: Employment - Fixed term contract - Effect of non-renewal - Company gave notice to employees that their employment contracts would not be renewed - Employees considered themselves as having been dismissed without just cause or excuse - Whether employees were permanent employees - Whether employment contracts came to a natural end at expiry of fixed term - Whether contract in question was for a fixed term - Issue of construction of the contract

Privity - Subcontract - Employer terminated contract with main contractor, leading to termination of contract between main contractor and subcontractor - Subcontractor obtained judgment for payment against main contractor, causing main contractor to wind up - Subcontractor sanctioned as creditor and claimed against employer - Whether subcontractor could represent main contractor to sue and recover monies payable by employer to main contractor - Whether there was privity of contract between employer and subcontractor - Whether there was cause of action - Whether 'privity of contract' same as 'privity of interest'University Of Malaya (University Malaya Medical Centre) v. FBSM Ctech Sdn Bhd
(Rohana Yusuf, Vernon Ong Lam Kiat, Zaleha Yusof JJCA) [2018] 8 CLJ 71 [CA]

Waqf has a long history in Islam. It has played—and, in many cases, continues to play—a pivotal role in the advancement of the socioeconomic wellbeing of the Muslim community. Many phenomenal architectural relics and public infrastructures all over the world, from the Atlantic to the Pacific, throughout the centuries, were funded by waqf. Al-Azhar University in Egypt, University of Cordova in Spain and Al - Noori Hospital in Damascus, to name a few, are among the public projects financed by waqf funds. Some waqf institutions have survived for more than a millennium.

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* Published with kind permission of the International Institute of Advanced Islamic Studies (IAIS) Malaysia. (www.iais.org.my).

IN THIS ARTICLE, CHRISTAL WONG AI MEI LOOKS AT THE APPLICATION OF TURQUAND’S RULE IN MALAYSIA.

The rule in the case of Royal British Bank v. Turquand[1] is commonly known as “Turquand’s Rule” or the “indoor management rule”. It stipulates that an “outsider” dealing with a company in good faith is entitled to assume that there has been compliance with the Articles of Association and bylaws of the company and that the “outsider” need not question the formalities of the internal proceedings of a company.

RIGHT OF CHILDREN TO HEALTH UNDER THE NIGERIAN CHILD'S RIGHT ACT: EXPLORING THE IMPLEMENTATION STRATAGEMS

Abdul Raheem Taofeeq Abolaji, Ph.D*AbdulRazaq O. Abdulkadir, Ph.D**

ABSTRACT

Right to health is an inherent right of children that is recognised by Nigerian Law. This right is very essential for the development of children’s development. According to the World Health Organization, Nigeria is one of the five countries that contribute 50% to the annual global mortality of infants and children below five years of age. This shows that the protection of children must be given priority. Meanwhile, Nigeria has a majority of Muslims who constitute about 51% of the population. Therefore, this paper intends to examine the right of children to health under Nigerian law particularly under the Child Rights Act. The role of government and the parents towards the implementat ion of this paramount right are discussed. To achieve this, a qualitative method will be adopted and in doing so, analysis of both primary and secondary materials will be used. The study thus concludes that full implementation of children’s right to health under Nigerian law will assist them to develop mentally and physically.

Victim Impact Statements are an essential part of the criminal sentencing process. However, there is a tension between the right of a victim to express the impact an offence has had on them, and the right of a defendant to ensure that the court only receives material relevant to the offence for which they stand to be sentenced.

The Royal Commission into Institutional Responses to Child Sexual Abuse recently issued a report on recommended reform of the Criminal Justice System. Victim Impact Statements were a topic addressed in that report.

Victim Impact Statements are an essential part of the sentencing process in criminal matters. These statements are prepared by victims: people who often don’t have an appreciation of the legal rules of admissibility. However, they are a rare opportunity for a victim to express, within the scope of the prosecutorial process, the impact an offence has had on them.

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* Published with kind permission of the Law Society of the Australian Capital Territory. See Ethos No. 245 September 2017.

+ Tanya Skvortsova and Rae-ann Khazma are Prosecutors with the Office of the Director of Public Prosecutions, ACT. The views expressed in this article are their own and not those of the Office of the DPP.

Compulsory license has been identified as a form of remedy for refusal to license especially in matters relating to the licensing of intellectual property. In fact, both the patent law and competition law permit compulsory license which is based on various reasons. Thus, this article seeks to identify and analyse the provisions relating to compulsory license under the Patents Act 1983 and under the Competition Act 2010.

Introduction

Compulsory license is referred to as a procedure in which authorities license the rights in a patent, particularly the right to make, use, sell or import a product under the patent, to companies or individuals other than the patent owner without the permission of the patent owner.[1] Similar definition on compulsory license can be found in the "The agreement on Trade-related Aspects of Intellectual Property Rights" ('TRIPS agreement') when it emphasises the usage of a patent by a Government or third party without the authorisation of the right holder[2] and also under the Patents Act 1983 which highlights the fact that compulsory license is the performance of exclusive rights of a patent owner without his permission. Hence, it can be said that compulsory license relates to the exploitation of exclusive rights of the patent owner by other person without his permission.